(1) Subject to RCW 11.104B.440, and except as otherwise provided in RCW 11.104B.500(3)(b), a fiduciary shall disburse from principal: (a) The balance of the disbursements described in RCW 11.104B.400 (1) and (3) after application of RCW 11.104B.400(2); (b) The fiduciary's compensation calculated on principal as a fee for acceptance, distribution, or termination; (c) A payment of an expense to prepare for or execute a sale or other disposition of property; (d) A payment on the principal of a trust debt; (e) A payment of an expense of an accounting, judicial or nonjudicial proceeding, or other matter that involves primarily principal, including a proceeding to construe the terms of the trust or protect property; (f) A payment of a premium for insurance, including title insurance, not described in RCW 11.104B.400(4), of which the fiduciary is the owner and beneficiary; (g) A payment of an estate or inheritance tax or other tax imposed because of the death of a decedent, including penalties, apportioned to the trust; and (h) A payment: (i) Related to environmental matters, including: (A) Reclamation; (B) Assessing environmental conditions; (C) Remedying and removing environmental contamination; (D) Monitoring remedial activities and the release of substances; (E) Preventing future releases of substances; (F) Collecting amounts from persons liable or potentially liable for the costs of activities described in (h)(i)(A) through (E) of this subsection (1); (G) Penalties imposed under environmental laws or regulations; (H) Other actions to comply with environmental laws or regulations; (I) Statutory or common law claims by third parties; and (J) Defending claims based on environmental matters; and (ii) For a premium for insurance for matters described in (h)(i) of this subsection (1). (2) If a principal asset is encumbered with an obligation that requires income from the asset to be paid directly to a creditor, the fiduciary shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
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